Nursing Jurisprudence Exam Questions with correct Answers

Jurisprudence - Answer- the science or philosophy of law Sources of Law - Answer- -Constitutional Law: Federal, State -Statutory Law: Federal, State -Common Law -Administrative Law Criminal Law - Answer- Federal or state government attempting to deprive an individual of life or liberty for something the law considers an offence against society in general Civil Law - Answer- Seeks to resolve disputes between private parties, which often result in payment of money Different Burden of Proof - Answer- Beyond a reasonable doubt; preponderance of the evidence Types of Torts - Answer- -Negligence -Intentional: Assault Battery False Imprisonment -Quasi-Intentional: Defamation, Liable, Slander Malpractice - Answer- Negligence committed by a person in his or her professional capacity is malpractice. Also known as professional negligence. Medical and nursing malpractice occur when a doctor or nurse fails to do that which a reasonable, prudent doctor or nurse would do under the same or similar circumstances, or does that which a reasonable or prudent doctor or nurse would not do under the same or similar circumstances. Elements of a Nursing Malpractice Lawsuit - Answer- Duty - the existence of a duty, owed by the nurse to a patient, to conform to a recognized standard of care Breach - a failure to conform to the required standard of care Harm - an actual injury Cause - there must be proof that the injury was caused by the nurse's act or omission Intentional Tort: Assault - Answer- Example of this tort: A nurse threatens to place an NG tube in a client who is refusing to eat Intentionally placing another in apprehension or fear that they will suffer harmful or offensive contact. Intentional Tort: Battery - Answer- Intentional contact that is harmful or offensive, or creating the apprehension that such contact is imminent. -false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY. IE: Restraining a person to give an injection against their consent or order Intentional Tort: False Imprisonment - Answer- "unjustifiable detention of a person without legal warrant to confine the person" (client has the right to leave AMA) -false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY. Quasi-Intentional Tort: Defamation - Answer- A communication that tends to hold the plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided. Tarnishing the reputation of someone. Quasi-Intentional Tort: Defamation Types - Answer- Types: Libel - printed or broadcast Slander - spoken